Transcribed by Tony Millatt and Elaine Barker August 2022

Abstract
Date of Will 22 May 1822
Date of death 31 May 1822
Date recorded by ERO 1825

Transcription

Page 1

1. This is the last Will and Testament of me John Braisted of West
2. Mersea in Mersea Island in the County of Essex Oyster Merchant made
3. this Twenty fifth Day of May in the Year of our Lord one Thousand eight hundred
4. and twenty two while I am sick and weak in Body but of sound and -
5. disposing Mind Memory and Understanding praised be God for the same First and
6. principally I commend my Soul into the Hands of Almighty God my Creator hoping
7. through the Merits of Jesus Christ to obtain comission of my Sins and my
8. Body I commit to the Earth to be decently buried in the said Parish of West Mersea
9. between the Graves of my late beloved Wife and Sister and I desire to be buried
10. in a good two Inch Oak Coffin (such as was lately provided for my said deceased
11. Sister) and that none of my Grandchildren Relations or Friends go into
12. Mourning on my Account, And as to the temporal Estate whereof I am
13. possessed or intitled to I dispose thereof as follows I will and direct that all such
14. Debts as I shall justly owe at the Time of my decease shall be fully paid and
15. satisfied And Whereas my only Daughter and Child Mary Webb Cook sometime
16. since the Wife of William Wilsmore deceased has in various ways not necessary
17. to be here enumerated greatly misconducted herself and neglected those Duties to
18. her Children which as a Mother she ought to have performed for which Reason
19. the protection of such children has for many Years devolved intirely upon me
20. Now I do hereby after due Consideration of all the Circumstances order and
21. direct my Executors hereinafter named as soon as Conveniently may be after
22. my Decease to lay out and invest a sufficient Sum of Money in the purchase
23. of a clear Annuity or Annual Sum of Twenty Pounds for and during the
24. Natural Life of my said Daughter and which Annuity I direct shall be received
25. from Time to Time by my said Executors or the Survivor of them his Executors
26. or Administrators when and as the same shall become due and payable, and
27. paid into the proper Hands of my said Daughter to and for her own sole and
28. separate Use exclusive of her said present or any future Husband and so as
29. the same shall not be subject or liable to his Controal Debts Contracts or
30. Engagements, and for that purpose I will and direct that the Receipt and
31. Receipts of my said Daughter alone notwithstanding her said present or any
32. future Coverture shall from Time to Time be good Effectual and sufficient Discharges
33. to my said Executors and the Survivor of them his Executors and Administrators
34. and I will and direct that such Annuity shall be payable by equal half
35. Yearly payments to be computed from the period of one Calendar Month next after ...

[Signed] John Braisted, Witnesses Johnserg[en]t Norman, Alice Cooke, J G Sargeant

Page 2

36. after my decease untill such purchase can conveniently be made and then at
37. such Days and Times in the Year as by the Contract for the said Annuity the
38. same shall be payable and become due And Whereas I have already done a
39. great deal for my Grand Daughter Eliza the Wife of     Pond of Maldon in the
40. County of Essex one of the Children of my said Daughter Mary Webb Cooke by her
41. first husband the said William Wilsmore. Now I do hereby give and bequeath unto
42. my said Executors their Executors and Administrators the Sum of four Hundred
43. Pounds Upon the Trusts following Upon Trust that they my said Executors or
44. the Survivor of them his Executors or Adminstrators do and shall as soon as
45. conveniently may be after my decease put and place out the said Sum of four
46. Hundred pounds upon good Real or Government Securities in their or one of their
47. Names and stand possessed of and interested therein and in the Stocks Funds and
48. Securities wherein or whereon the same may from Time to Time be invested
49. Upon Trust to pay and apply the Interest Dividends and proceeds thereof when and
50. as the same shall be received into the proper Hands of my said Grand Daughter
51. Eliza Pond to and for her own sole and separate use exclusive of the said present
52. or any future Husband and so as the same shall not be subject or liable to the
53. Debts Contracts or Engagements of her said present or any future Husband
54. And for that purpose I will and direct that the Receipt and Receipts of my said
55. Grand Daughter alone notwithsanding any such Coverture shall from time
56. to time and at all times be good and effectual Discharge and Discharges to
57. my said Executors or the Survivor of them his Executors or Administrators for the[?]
58. same or for such part or parts thereof as in such Receipt or Receipts shall be
59. acknowledged and expressed to be received And from and after the decease of my
60. said Grand Daughter Upon Trust and for the Benefit of all and every the Child or
61. Children of my said Granddaughter which shall be living at the Time of her
62. decease equally to be divided between them (if more than one) Share and
63. Share alike and to be paid to them respectively when and as they shall severally
64. attain the Age of Twenty one Years with Benefit of Survivorship amongst them
65. in Case of the Death or Deaths of any or either of them after the decease of their
66. said Mother and under the said Age of Twenty one Years without leaving Issue
67. lawfully begotten and I do hereby divest my said Executors their Executors and
68. Administrators to transfer and make over the said Principal Sum of four
69. Hundred pounds or the Stocks Funds or Securities wherein or whereon the same
70. may then be invested unto such Child or Children of my said Grand Daughter accordingly

[Signed] John Braisted Witnesses Johnserg[en]t Norman Alice Cooke J.G. Sarjeant.

Page 3

71. accordingly Also I give and bequeath unto my Grandson John Braisted Wilsmore
72. one of the Sons of my said Daughter Mary Webb Cook the sum of two Hundred pounds
73. to be paid to him to and for his own Use and Benefit when and so soon as he shall
74. have attained the Age of twenty one Years And I will and direct that in the mean
75. Time from and after my decease untill my said Grandson shall attain the said Age
76. of twenty one Years that it shall and may be lawfull to and for my said Executors
77. their Executors and Administrators to pay and apply the Interest thereof for the
78. Maintenance and Cloathing of my said Grandson - And in Case it shall happen
79. that my said Grandson shall depart this Life under the said Age of Twenty one Years
80. without leaving Issue lawfully begotten then I will and direct that the said Sum of
81. two Hundred Pounds and the Interest (if any) then due thereon shall fall into and
82. become part of the Residue of my personal Estate and be disposed of as hereinafter
83. directed touching the said Residue And I give and devise unto my said Grandson
84. John Braisted Wilsmore All that my Copyhold Oyster Laying (but not the Stock of
85. Oysters or Brood that may be thereon at the Time of my decease) now in my own
86. Occupation and which I purchased of the Executors of Mr William Flack deceased
87. and which are holden of the Manor of Bourchiers Hall in the said County of Essex
88. To hold the said Oyster Laying with the Appurtenances unto and to the Use of
89. my said Grandson John Braisted Wilsmore his Heirs and Assigns for ever
90. according to the Custom of the said Manor But I will and direct that my said
91. Executors their Executors or Adminstrators shall have fully Liberty to occupy
92. the said Oyster Laying for the Space of twelve Calendar Months after my Decease
93. to enable them to remove and take away the said Oyster Stock and Brood paying
94. or accounting to my said Grandson John Braisted Wilsmore when he shall attain
95. his said Age of Twenty one Years the Sum of ten pounds for such Occupation
96. Also I give and bequeath unto my Housekeeper Sarah Strutt the Sum of Thirty
97. Pounds over and above what I may justly owe to her for Wages or otherwise -
98. at the Time of my decease to be paid to her within twelve Calendar Months next after
99. my decease Also I give devise and bequeath unto my Grandson William
100. Wilsmore the eldest Son of my said Daughter May Webb Cook by her first Husband
101. All that my Freehold and Copyhold Messuage or Tenement Farm Lands and
102. Hereditaments with their Appurtenances commonly called or known by the
103. Name of the Strood Farm situate lying and being in the several Parishes of Peldon
104. and West Mersea in the said County of Essex And all and every other my Messuages
105. or Tenements Cottages Lands Hereditaments and Real Estate whatsoever
106. and wheresover in the Kingdom of England and also all my Leasehold Estates
107. and Chattels Real (the Said Messuages or Tenement and Farm called the Strood Farm

[Signed] John Braisted. Witnesses Johnserg[en]t norman, Alice Cooke, J.G. Sarjeant

Page 4

108. being subject to and charged with a Sum of One Thousand and two Hundred pounds
109. by way of Mortgage together with Interest theron) And also my all my ready Money
110. and Securities for Money my Household Goods and Furniture Plate Linen and
111. China my Vessels Boats Skiffs Stock of Oysters and Brood and all the rest and
112. Residue of my Goods Chattels and Personal Estate whatsoever and wheresoever
113. and of what Nature Quality or Kind soever the same may be To Hold the said
114. Real and Personal Estate with their and every of their Appurtenances unto the
115. said William Wilsmore my Grandson his Heirs Executors Adminstrators and
116. Assigns according to the Nature and quality of the same Premises repectively To
117. his and their own proper Use and Uses forever I nominate constitute and appoint
118. my respected Friend The Reverend Nathaniel Foster of East Mersea in the said Island
119. of Mersea Clerk and my Grandson William Wilsmore Executors of this my
120. Will and do give to the said Nathaniel Foster the Sum of Twenty Pounds for
121. his Care and Trouble in the said Executorship and the Execution and performance of
122. this my Will And my Will further is and I do hereby declare that it shall and may be
128. lawfull for my said Executors or the Survivor of them his Executors or Administrators to
129. alter and vary the Securities upon which any Monies may be invested under the
130. Trusts hereinbefore declared for my said Grand Daugter and my said Grandson John
131. Braisted Wilsmore at their or his free Will and Pleasure and may retain out of
132. the Monies which may come to their hands by Virtue hereof all Losses Costs Charges
133. Damages and Expences which they or any of them may sustain expences or put
134. unto for or by reason of the performance of this my Will or any things relating thereto
135. And that they my said Executors their Executors or Administrators shall not be answerable
136. or accountable for any more of the said Personal Estate than shall actually come to
137. their respective Hands by Virtue hereof nor the one of them for the other of them or the
138. Acts Deeds Receipts or Defaults of the other of them but each of them only for his
139. own Acts Receipts and wilfull Defaults nor for any Loss or Damage which may happen
140. without their respective wilfull Defaults And Lastly I revoke all former Wills
141. by me made and do declare this to be my last Will and Testament In Witness
142. whereof I have to this my said last Will and Testament contained in four Sheets of
143. paper to the first three sheets sett my hand and to this fourth and last Sheet my
144. Hand and Seal the Day and Year first above written

  Johnserg[en]t Norman
  Alice Cooke
  J.G. Sarjeant (Attorney Colchester)

Page 5

The within named Testator John Braisted died in the Parish of West Mersea in the
County of Essex on the thirty first day of May 1822

The third day of January 1824 -

William Wilsmore Grandson of the Deceased and on of the Executors within named was sworn to the
Truth of this Will and to the performance thereof (power being reserved to the Reverend Nathaniel -
Foster Clerk the other Executor named in the said Will to prove the said Will when he shall lawfully apply -
for the same) before me

Proved on the 27th Day of September in the Year of our Lord 1825 before the Revd
John Dakins the Surrogate by the Oath of William Wilsmore - one of
the Executors to whom Adm[inistratio]n. was granted he being first Sworn duly to
administer Power being reserved of making the like Grant to the Revd.
Nathan[ie]l Foster the other Executor when he shall lawfully apply for the
same.

MARG - Mersea Archive Research Group
Go to list of transcribed documents